1 ITEM NO.7
COURT NO.3
SECTION PIL(W)
S U P R E M E C O U R T O F RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s).
I N D I A
855/2016
SHYAM NARAYAN CHOUKSEY
Petitioner(s) VERSUS Respondent(s)
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UNION OF INDIA (With office report)
Date : 30/11/2016 This petition was called on for hearing today.
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CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE AMITAVA ROY
Mr. Abhinav Shrivastav,Adv. Mr. Rituvendra Singh,Adv. Mr. Harmeet Singh Ruprah,Adv.
For Respondent(s)
Mr. Mr. Mr. Ms. Mr.
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For Petitioner(s)
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Mukul Rohtagi,AG Ashok Kumar Panda,Sr.Adv. Avijit Prasad,Adv. Movita,Adv. B.K. Prasad,Adv.
UPON hearing the counsel the Court made the following O R D E R
We have heard Mr. Abhinav Srivastav, learned counsel for
the petitioner and Mr. Mukul Rohatgi, learned Attorney General for India along with Mr. A.K. Panda, learned senior counsel for the Union of India. This Court on 28.10.2016 while entertaining the Writ Petition under Article 32 of the Constitution of India had noted the submissions advanced by the learned counsel for the petitioner, made reference to the enactment, namely, Prevention of Insults to National Honour Act, 1971. It had also taken note
2 of the averments in the petition. It
has
been
averred
in
the
petition
that
sometimes
National Anthem is sung in various circumstances which are not permissible and can never be countenanced in law. The emphasis is on showing requisite and necessary respect when the National Anthem is sung or played. The assertion is that it is the duty of every person to show respect when the National Anthem is recited or sung.
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played or
Having heard the learned counsel for the parties and
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awaiting the reply from the Union of India, as an interim measure, it is directed that the following directions shall be
There shall be no commercial exploitation to
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(a)
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scrupulously followed:-
give financial advantage or any kind of benefit.
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To elaborate, the National Anthem should not be either
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utilized by which the person involved with it directly
or
indirectly
shall
have
any
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commercial benefit or any other benefit. (b)
There
shall
not
be
dramatization
of
the
National Anthem and it should not be included as a part of any variety show. It is because when the
National
Anthem
is
sung
or
played
it
is
imperative on the part of every one present to show
due
respect
and
honour.
To
think
of
a
dramatized exhibition of the National Anthem is absolutely inconceivable. (c)
National Anthem or a part of it shall not be
printed
on
any
object
and
also
never
be
displayed in such a manner at such places which
3 may be disgraceful to its status and tantamount to disrespect. It is because when the National Anthem
is
sung,
associated National
with
the
it
concept
has
identity,
its
of
protocol
inherent
National
roots
integrity
in and
Constitutional Patriotism. (d)
All the cinema halls in India shall play the
National Anthem before the feature film starts and all present in the hall are obliged to stand
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up to show respect to the National Anthem. Prior to the National Anthem is played or
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(e)
sung in the cinema hall on the screen, the entry and exit doors shall remain closed so that no can
amount
any
to
kind
of
disrespect
disturbance to
the
which
National
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will
create
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one
Anthem. After the National Anthem is played or
(f)
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sung, the doors can be opened. When the National Anthem shall be played in
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the Cinema Halls, it shall be with the National Flag on the screen. (g)
The abridge version of the National Anthem
made by any one for whatever reason shall not be played or displayed.
We
have
so
directed
as
Mr.
Mukul
Rohtagi,
learned
Attorney General for India submits with all humility at his command and recommend that National Anthem has to be respected. The
directions
are
issued,
for
love
and
respect
for
the
motherland is reflected when one shows respect to the National
4 Anthem as well as to the National Flag. That apart, it would instill the feeling within one, a sense committed patriotism and nationalism. In this regard, we may refer to clause (a) of Article 51(A),
Fundamental
Constitution.
Duties
occurring
in
Part
IVA
of
the
It reads as follows:
“51A. Fundamental duties –
It shall be the
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duty of every citizen of India –
(a) to abide by the Constitution and respect
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its ideals and institutions, the National
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Flag and the National Anthem”.
From the aforesaid, it is clear as crystal that it is
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the sacred obligation of every citizen to abide by the ideals
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engrafted in the Constitution.
And one such ideal is to show
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respect for the National Anthem and the National Flag. Be it
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stated, a time has come, the citizens of the country must realize that they live in a nation and are duty bound to show respect
to
National
Constitutional does
not
allow
Anthem
Patriotism any
and
different
which
is
inherent notion
the
symbol
national or
the
of
the
quality.
It
perception
of
individual rights, that have individually thought of have no space. The idea is constitutionally impermissible. Mr. Rohatgi has submitted that the Union of India shall circulate this order to the Chief Secretaries of all the States and Union Territories. That apart, Mr. Rohatgi submits that the order shall be shown in the electronic Media and
5 published in the print media so that every one knows that such an order has been passed and follow the same in letter and spirit. This order shall be given effect to within a period of 10 days. Let the matter be listed on 14 th February, 2017 for
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further hearing.
(H.S. Parashar) Court Master
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(Madhu Bala) Court Master
